Arvind Kumar Vs Ashok Kumar Gupta & Ors. — Delhi HC (2025) — LawSathi Research

Arvind Kumar Vs Ashok Kumar Gupta & Ors. — Delhi HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Transfer of Civil Suit No. 11663/2016 (Arvind Kumar v. Ashok Kumar & Ors.) to the court of Sh. Ankur Jain-II, District Judge, Shahdara District, Karkardooma Courts, Delhi, granted; transferor court directed to send the entire record to the transferee court; both parties to appear before the learned Principal District and Sessions Judge, Shahdara District, on 27.02.2025.

Issue for consideration

Whether Civil Suit No. 11663/2016 (Arvind Kumar v. Ashok Kumar & Ors.), pending before Sh. Satish Kumar, District Judge-13, Central District, Tis Hazari Courts, Delhi, should be transferred to the court of Sh. Ankur Jain-II, District Judge, Shahdara District, Karkardooma Courts, Delhi, where the connected matter Civil Suit No. 175/2017 is already pending.

Court's answer

Civil Suit No. 11663/2016 is transferred, in accordance with law, from the court of Sh. Satish Kumar, District Judge-13, Central District, Tis Hazari Courts, Delhi, to the court of Sh. Ankur Jain-II, District Judge, Shahdara District, Karkardooma Courts, Delhi.

Ratio / Principle

CM APPL. 6859/2025 (Exemption) was allowed subject to all just exceptions and the application stands disposed of.

Key takeaways

The transferor court is directed to send the entire record to the transferee court.ratio¶¶21
A copy of the order is to be sent to the learned Principal District and Sessions Judge, Shahdara District, Karkardooma Courts, Delhi, and to the learned Principal District and Sessions Judge, Central District, Tis Hazari Courts, Delhi.ratio¶¶22
Both parties are directed to appear before the learned Principal District and Sessions Judge, Shahdara District, Karkardooma Courts on 27.02.2025.ratio

Detailed headnote1 paragraphs

Delhi High Court, TR.P.(C.) 23/2025 (Dinesh Kumar Sharma, J., 04.02.2025): Transfer petition filed by Arvind Kumar (petitioner; Ganesh Kumar Sharma, Adv.) seeking transfer of pending Civil Suit No. 11663/2016 (Arvind Kumar v. Ashok Kumar & Ors.) from Sh. Satish Kumar, District Judge-13, Central District, Tis Hazari Courts, Delhi, to the court of Sh. Ankur Jain-II, District Judge, Shahdara District, Karkardooma Courts, Delhi, as a connected matter, Civil Suit No. 175/2017 being already pending there. Respondents Ashok Kumar Gupta & Ors. were represented by Mayank Sarin, Adv. (R-1 and R-3) and Siddharth Singh, Adv. (R-2), who accepted notice and submitted no objection to the transfer. The court transferred the suit in accordance with law, directed the transferor court to send the entire record to the transferee court, ordered copies of the order to the Principal District and Sessions Judges of Shahdara and Central Districts, and directed both parties to appear before the Principal District and Sessions Judge, Shahdara District, on 27.02.2025. The petition stands disposed of. Exemption application CM APPL. 6859/2025 was allowed subject to all just exceptions.

$~60

IN THE HIGH COURT OF DELHI AT NEW DELHI

- TR.P.(C.) 23/2025

ARVIND KUMAR .....Petitioner

Through: Mr. Ganesh Kumar Sharma, Adv. (VC)

versus

ASHOK KUMAR GUPTA & ORS. .....Respondents Through: Mr. Mayank Sarin, Adv. for R-1and 3(VC) Mr. Siddharth Singh, Adv.for R- 2(VC)

CORAM:

HON'BLE MR. JUSTICE DINESH KUMAR SHARMA

O R D E R

% 04.02.2025 CM APPL. 6859/2025(Exemption)

Exemption is allowed subject to all just exceptions.

Accordingly, the application stands disposed of.

TR.P.(C.) 23/2025

The present transfer petition seeks the transfer of Civil Suit No. 11663/2016, Arvind Kumar v. Ashok Kumar & Ors ., pending before Sh. Satish Kumar, learned District Judge-13, Central District, Tis Hazari Courts, Delhi, to the court of Sh. Ankur Jain-II, learned District Judge, Shahdara District, Karkardooma Courts, Delhi, as a connected matter, Civil Suit No. 175/2017, Arvind Kumar v. Ashok Kumar & Ors. , is already pending before the latter.

Issue notice.

Learned counsels for the respondents have accepted the notice.

This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 10/02/2025 at 15:07:51

Learned counsel for the respondents has fairly submitted that they have no objection to transferring Civil Suit No. 11663/2016, Arvind Kumar v. Ashok Kumar & Ors. , from the court of Sh. Satish Kumar, learned District Judge-13, Central District, Tis Hazari Courts, Delhi, to the court of Sh. Ankur Jain-II, learned District Judge, Shahdara District, Karkardooma Courts, Delhi.

In view of the above, Civil Suit No. 11663/2016 is transferred accordingly, in accordance with the law.

The transferor court is directed to send the entire record to the transferee court.

A copy of this order be sent to the learned Principal District and Sessions Judge, Shahdara District, Karkardooma Courts, Delhi, and the learned Principal District and Sessions Judge, Central District, Tis Hazari Courts, Delhi.

Both the parties are directed to appear before the learned Principal District and Sessions Judge, Shahdara District, Karkardooma Courts on 27.02.2025.

With these directions, the present petition stands disposed of.

DINESH KUMAR SHARMA, J

FEBRUARY 4, 2025

Pallavi/NA

This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 10/02/2025 at 15:07:51